Raj Reddy Kallem vs State Of Haryana 2024 INSC 347 – S 138 NI Act- Compounding Of Cheque Cases – Complainant’s Consent

Negotiable Instruments Act, 1881; Section 138- Even though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the offence, the courts cannot compel the complainant to give ‘consent’ for compounding of the matter. It is also true that mere repayment of the amount cannot mean that the appellant is absolved from the criminal liabilities under Section 138 of the NI Act -Referred to JIK Industries Limited & Ors. v. Amarlal V. Jamuni & Anr. (2012) 3 SCC 255, Meters and Instruments private Ltd. And Another. v. Kanchan Mehta (2018) 1 SCC 560 and Expeditious Trial of Cases Under Section 138 of NI Act, 1881, In re, (2021) 16 SCC 1162- [In this case, the Court invoked Article 142 of Constitution to quash the pending criminal appeals ] (Para 12)

Negotiable Instruments Act, 1881; Section 138- In cases of section 138 of NI Act, the accused must try for compounding at the initial stages instead of the later stage, however, there is no bar to seek the compounding of the offence at later stages of criminal proceedings including after conviction – Referred to : K.M Ibrahim v. K.P Mohammed & Anr. (2010) 1 SCC 798 and O.P Dholakia v. State of Haryana & Anr. (2000) 1 SCC 762. (Para 12)

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